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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for notice advertising the sale of |
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property to enforce a self-service storage facility lien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 59.042(b) and (c), Property Code, are |
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amended to read as follows: |
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(b) If the tenant fails to satisfy the claim on or before the |
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14th day after the date the notice is delivered, the lessor must |
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publish or post notices advertising the sale or otherwise give |
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notice advertising the sale in a commercially reasonable manner as |
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provided by this subchapter. |
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(c) The [If notice is by publication, the] lessor may not |
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sell the property until: |
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(1) the 15th day after the date the notice advertising |
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the sale is first published, if the notice is by publication; |
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(2) [. If notice is by posting, the lessor may sell |
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the property after] the 10th day after the date the notices |
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advertising the sale are posted, if the notice is by posting; or |
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(3) the 10th day after the date the notice is given, if |
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the notice is given in a commercially reasonable manner. |
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SECTION 2. The heading to Section 59.044, Property Code, is |
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amended to read as follows: |
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Sec. 59.044. METHOD AND CONTENT OF NOTICE ADVERTISING [OF] |
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SALE. |
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SECTION 3. Section 59.044, Property Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) The lessor must either: |
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(1) publish the notice advertising the sale: |
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(A) subject to Subsection (c), [once in each of |
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two consecutive weeks] in a newspaper of general circulation in the |
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county in which the self-service storage facility is located; or |
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(B) on a publicly accessible Internet website |
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that regularly advertises or conducts auctions of personal |
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property; or |
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(2) give notice advertising the sale in a commercially |
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reasonable manner. |
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(c) If there is not a newspaper of general circulation in |
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the county in which to publish notice advertising the sale under |
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Subsection (b)(1), the lessor may [instead] post a copy of the |
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notice at the self-service storage facility and at least five other |
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conspicuous locations near the facility. |
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(d) For purposes of this section, notice advertising a sale |
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is considered to be given in a commercially reasonable manner if at |
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least three independent bidders register for, view, or attend the |
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sale, regardless of whether the sale is conducted at the |
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self-service storage facility or a reasonably near public place or |
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through an Internet website accessible to the public. |
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SECTION 4. The changes in law made by this Act to Chapter |
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59, Property Code, apply only to a self-service storage facility |
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rental agreement entered into, extended, or renewed on or after the |
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effective date of this Act. A self-service storage facility rental |
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agreement entered into, extended, or renewed before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |